Spain
Spanish Equality Body has as one of its main competencies "to promote those measures that contribute to the elimination of discrimination of people due to their racial or ethnical origin, formulating, if necessary, recommendations about any related matter". The article number 35 related to working environment adds "...for racial, ethnical religious or ideological reasons.
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Anti-discrimination Legislation & Implementation
The Law 62/2003 of december 30th defines direct and direct discrimination: when one person will be trated in a less favourable way than another in an analougs situation for racial, ethnical religious or ideological reasons as well as in the case of a handicap, age or sexual orientation reasons"
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Are there specialised bodies/agencies/mechanisms which receive, handle/investigate complaints in discrimination cases?
Yes.
Qualitative Info
Counseil for the promotion of equality of treatment and for the non-discrimination of people due to their racial or ethnical origin. One of the competencies of the Counseil is that of "assisting the victims of discrimintation due to racial or ethnical origin in relation with their complaints". Ombudsman (there is a national one and an extra one for each Autonomous Community). This institution's mission is to "protect and defend the rights and public liberties of citizens".
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
-
Are there mechanisms in place to collect data on racial discrimination in line with data protection legislation as an effective means of, monitoring and reviewing policies and practices to combat racial discrimination and promote racial equality?
Until the creation in 2010 of the Network of Agencies to Support Victims of Discrimination, there was no mechanism to collect data on racial discrimination.
Qualitative Info
The Spanish Equality Body has set in motion (July 2010) a mechanism for the reception of complaints, the Network of Agencies to Support Victims of Discrimination, made up of eight NGOs. However there are no results to be reported yet.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
-
Does legislation provide for the possibility of adopting special/positive measures prevent or compensate for disadvantages linked to racial or ethnic origin in order to ensure full equality in practice?
Yes, the possibility of introducing positive policies stated in Law 62/2003 on fiscal, administrative and social order.
Qualitative Info
The article number 30 of the Law 62/2003 says that "in order to grant complete equality in terms of racial or ethnical origin, the Principle of Equality of Treatment will not prevent from taking specifical measures in favour of certain groups in order to prevent or compensate disadvantages they suffer due to theis racial or ethnical origin. Also, the Spanish Equality Body has as one of its main competencies "to promote those messures that contribute to the elimination of discrimination of people due to their racial or ethnical origin, formulating, if necessary, recomendations about any related matter". The article number 35 related to working environment adds "...for racial, ethnical religious or ideological reasons as well as in the case of a handicap, age or sexual orientation reasons".
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
- Integration - social cohesion
External Url http://www.boe.es/boe/dias/2003/12/31/pdfs/A46874-46992.pdf
See other countriesSee indicator history -
Are special/positive measures for securing advancement and protection of certain racial or ethnic groups widely adopted and implemented?
Yes.
Qualitative Info
Plan de Acción para el desarrollo de la población gitana 2010/2012.
http://www.msps.es/politicaSocial/inclusionSocial/docs/planDefinitivoAccion.pdf
Plan Estratégico de Ciudadanía e Integración 2011-2014. http://extranjeros.mtin.es/es/IntegracionRetorno/Plan_estrategico2011/pdf/PECI-2011-2014.pdfGroups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
- Integration - social cohesion
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Is legal support for victims available from public agencies/bodies? Is there access for victims to assistance and justice?
Yes, Law 1 / 1996 Legal Aid includes the right of the Spanish people to have legal aid. On the other hand, Law 4 / 2000 on the rights and freedoms of foreigners in Spain and their social, Article 22 also contains this right for foreigners in Spain.
Qualitative Info
The Spanish Equality Body has set in motion (July 2010) a mechanism for the reception of complaints, the Network of Agencies to Support Victims of Discrimination, made up of eight NGOs.
Regional governments have programs for free assistance with various NGOs working with different groups who may experience discrimination: immigrants, asylum seekers, ethnic groups, gay groups, disabled, etc..Groups affected/interested
- Migrants
- Refugees
Key socio-economic / Institutional Areas
- Policing - law enforcement
External Url http://noticias.juridicas.com/base_datos/Admin/l1-1996.html
See other countriesSee indicator history -
Does the law foresee the shift of the burden of proof in civil / administrative procedures? Are there problems of implementation reported by independent authoritative sources?
Yes.
Qualitative Info
The article 32 of the Law 62/2003 determines that "in those processes of the civil jurisdictinal and the contentious-administrative jurisdictional areas in which discrimination due to racial or ethnical reasons can be deducted thanks to the alegations of the active part, it will be de plaintiff's responsability to provide an objective, reasonable and good enough justification. This should explain the measures taken and their proportionality". The article 36, related to the working environment adds "...for racial, ethnical religious or ideological reasons as well as in the case of a handicap, age or sexual orientation reasons".
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
- Integration - social cohesion
External Url http://www.boe.es/boe/dias/2003/12/31/pdfs/A46874-46992.pdf
See other countriesSee indicator history -
Can associations, organisations or other legal entities, who have a legitimate interest, engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure concerning discrimination?
Yes.
Qualitative Info
The article 32 of the Law 62/2003 determines that "those people who are legaly entiteled to carry out the degense of colective rights and legistimus interests will be allowed to act in court processes in behalf of the plaintiff that wants it this way. The goal will be to implement the principle of equality of treatment of people due to their reacial or ethnical origin".
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
- Integration - social cohesion
External Url http://www.boe.es/boe/dias/2003/12/31/pdfs/A46874-46992.pdf
See other countriesSee indicator history -
Is class action or actio popularis possible? (court claims or action in the name of a group)
Yes, in both cases.
Qualitative Info
The article number 32 of the Law 62/2003 of december the 30th confers legitimization to the corporate bodies that will be legally entitelled for the defense of the colctive and legitimate rigthts and interests- if demanded by the plaintiff- in order to act on the judicial processes on his behalf. The goal is to make effective the Principle of Equality of Treatment of people due to their racial or ethnical origin. Popular action is possible in the penal field. Also Law 36/2011, of October the 10th allows the entitiens with legitimate interest to accompagny the plaintiff in his work enviromnment to help in cases of discrimination.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
External Url http://www.boe.es/boe/dias/2003/12/31/pdfs/A46874-46992.pdf
See other countriesSee indicator history -
Is there provision within anti-discrimination legislation/practice forfinancial compensation/restitution of rights and are these applied in practice?
Yes.
Qualitative Info
In the penal legislation the sentence for an offense includes compensation for civil responsability.
In the work environment the modifications made on the Consolidated Law of the Worker's Statute by the Law 62/2003, of December the 30th, determine as null any rule or clause of a group agreement, individual pact and/or unilateral decision which may contain direct or indirec discrimination (art 17,1). Also in the social jurisdiction it is foreseen a compensation for possible damage to the victim of discrimination. In the penal area, since 2005 there have only been ten cases in which a racist motivation has been found as an aggravating circumstance. Related to the aplication of the article 510, only four cases have derived in successful judicial action since 2005 (Recomendation N. 10 of the Fourth Report about Spain ECRI).Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Anti-discrimination
- Anti-racism
External Url http://www.boe.es/boe/dias/2003/12/31/pdfs/A46874-46992.pdf
See other countriesSee indicator history -
Are there any problems concerning the implementation of national legislation prohibiting discrimination?
Yes.
Qualitative Info
In its "Fourth Report about Spain" (February 2011). In the penal area, since 2005 there have only been ten cases in which a racist motivation has been found as an aggravating circumstance. Related to the aplication of the article 510, only four cases have derived in successful judicial action since 2005 (Recomendation N. 10 of the Fourth Report about Spain ECRI). In The Memoire of the Attonrney of Barcelona 2010 (first attorney in Spain with a special department for Hate and Discrimination Crimes) it is repeted as in the 2009 Memoire, that penal and civil practice reforms are necessary in order to allow the Justice Administration to count on better tools for the persectution of hate crimes with a discrimination component. In the same sense the Committee on the Elimination of Racial Discrimination in the Consideration of Reports submitted by States parties under article 9 of the Conventionemtido on March the 11th of 2011.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
External Url http://www.coe.int/t/dghl/monitoring/ecri/country-by-country/spain/ESP-CBC-IV-2011-004-ESP.pdf
See other countriesSee indicator history -
Has there been a thorough evaluation/assessment of the effectiveness of the national implementation of EU Anti-discrimination Directives?
There has been no evaluation mechanisms at national level have been made public. However, if there have been some assessments by international institutions.
Qualitative Info
The two evaluation reports produced are: Fourth Report ECRI about Spain, Comittee's Report on the Elimination of Racial Discrimination.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
External Url http://www.coe.int/t/dghl/monitoring/ecri/country-by-country/spain/ESP-CBC-IV-2011-004-ESP.pdf
See other countriesSee indicator history
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Are there specialised bodies/agencies/mechanisms which receive, handle/investigate complaints in discrimination cases?
-
Employment
Unemployment in Spain: 32% inmigrants. 19% nationals. Total Spain 21%.
In April 2010, the Spanish Government launched an Action Plan for the Development of the Roma Community . This Plan is aimed at the inclusion of an ethnic minority that suffers from discrimination and social prejudices all over Europe. The Plan consists of measures in the areas of employment, housing, health care and education and pays a special attention to Roma women.
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Legal restrictions and/or effective practices of exclusion of migrants regarding membership of and participation in trade unions
No.
the Law on the Rights and Freedoms of Foreigners in Spain and their Social Integration is, in part, the result of a Constitutional Court decision of 2007 recognising immigrants’ right to associate, join trade unions and strike, regardless of their administrative situation. It also incorporates the EU Directives in this field.
Qualitative Info
UGT and CCOO estimated that between 3% and 4% of its members are of foreign origin. It also notes that many workers, particularly from Latin America, already have Spanish nationality and do not count as foreigners.
No data regarding the affiliation between the Roma population.
Groups affected/interested
- Migrants
- Roma & Travelers
Key socio-economic / Institutional Areas
- Political participation
External Url http://noticias.juridicas.com/base_datos/Admin/lo4-2000.html
See other countriesSee indicator history -
Legal obstacles to access employment in the public sector under equal conditions for migrants
Yes.
Qualitative Info
Foreigners can not become neither natinoal or regional civil servants. However there are other positions in the public sector (usually lower skilled) that are accessible for for those foreigners with a working and residence permit.
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Political participation
-
Legal restrictions and/or effective practices of exclusion of minorities regarding membership of and participation in trade unions
No.
Qualitative Info
Unions UGT and CC.OO estimates that between 3% and 4% of their afiliates are foreign. It is also important to point out that many of the workers specially latinamerican ones already have the Spanish nationality and do not count as foreigners.
There is no data about the level of afiliation of the gypsy group.Groups affected/interested
- Migrants
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Employment - labour market
- Political participation
- Integration - social cohesion
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Does the law provides for legalizing the situation of illegal immigrants in order to ensure their right to work and access to social protection and care?
Yes.
Qualitative Info
The Law of Foreign Affairs counts with certain articles related to laboral and social connexion. It proposes allowing foreigners in an ilegal situation living in Spain to legalize their situation with a poof of residence in Spain. Health care, social protection and education are granted even if the inmigrant is still in an ilegal status.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Employment - labour market
- Health and social protection
- Anti-discrimination
- Anti-racism
- Integration - social cohesion
External Url http://noticias.juridicas.com/base_datos/Derogadas/r5-rd2393-2004.html
See other countriesSee indicator history -
Are there examples of good practices and positive initiatives against discrimination/racism at the workplace?
Yes.
- Plan for the Development of the Roma Community 2010- 2012
Qualitative Info
In April 2010, the Spanish Government launched an Action Plan for the Development of the Roma Community . This Plan is aimed at the inclusion of an ethnic minority that suffers from discrimination and social prejudices all over Europe. The Plan consists of measures in the areas of employment, housing, health care and education and pays a special attention to Roma women.
Groups affected/interested
- Roma & Travelers
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Employment - labour market
- Anti-discrimination
- Anti-racism
External Url http://www.msps.es/politicaSocial/inclusionSocial/docs/planDefinitivoAccion.pdf
See other countriesSee indicator history
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Legal restrictions and/or effective practices of exclusion of migrants regarding membership of and participation in trade unions
-
Housing & Segregation
It cannot be said that there still are significative levels of segregation. A part of the foreign population of the country tends to live in the neighborhoods where the rent is lower such as the mentioned areas in Madrid and Barceona. For this same reasons, the towns near to the big cities also count with a big percentage of foreign population.
- Is there evidence of particular difficulties faced by migrant/minority groups in purchasing or renting property of their choice?
- Affected group with particular difficulties in purchasing or renting property of own choice
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Are there positive initiatives with an impact on housing of migrant and minority groups?
Yes.
Qualitative Info
Within the framework of Development Plan of the Roma community driven by the government, there are positive measures in this direction.
The new Law of 2009 on the Rights and Freedoms of
Foreigners in Spain and their Social Integration has opened a possibility for the responsible autonomous communities to introduce discriminatory limitations on
access to housing aid. The law states that “long-term” foreign residents, meaning those who have been legally resident for five years, are entitled to this
aid under the same conditions as Spaniards. This is a step backwards from the previous law which granted access to all legal residents.ECRI recommends that access to housing aid is guaranteed for all legal residents who otherwise qualify for it.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
- Asylum seekers
Key socio-economic / Institutional Areas
- Housing
- Anti-discrimination
- Anti-racism
- Integration - social cohesion
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Education
ECRI strongly recommends that the Spanish authorities review the way in which pupils are admitted to public and publicly-funded private schools and take other
necessary measures to ensure an even distribution of Spanish, immigrant and Roma pupils in the various school.-
Practical obstacles and evidence of problems and differential enrollment rates for certain minorities?
In some cases.
Education from 6 to 16 years is obligatory and free in all the Spanish territory for all persons in that age range regardless of origin or ethnicity.
Organic Law 2/2006, of 3 May, on Education (LOE)
Qualitative Info
Organic Law 2/2006, of 3 May, on Education (LOE) takes up almost word for word this recommendation: “There will be an adequate, balanced distribution between the different schools of students who need specific educational support”. According to the law, the education administrations will regulate student admission to public and publicly-funded private schools in order to guarantee the right to education, equal conditions of access and freedom of choice for parents. When there are not sufficient places, the admission procedure will be governed by priority criteria, one of which is proximity to the
home. In allocating pupils to schools in such cases, the law specifically states that there will be no discrimination for reasons of birth, race, gender, religion, opinions or any other personal or social condition or circumstance.Despite these positive developments, it is clear that the law is not always effective in practice and leaves scope for manipulation. ECRI has received consistent reports of “ghetto” schools of immigrant or Roma children in certain parts of the country, and discriminatory practices in the admissions procedure, enabling publicly-funded private schools to pick and choose pupils.
Item No. 63 of the Fourth Report on Spain (ECRI).
Groups affected/interested
- Roma & Travelers
Key socio-economic / Institutional Areas
- Education
External Url http://www.coe.int/t/dghl/monitoring/ecri/country-by-country/spain/ESP-CBC-IV-2011-004-ESP.pdf
See other countriesSee indicator history -
Practical obstacles and evidence of problems and differential enrollment rates for migrants?
Yes.
Qualitative Info
ECRI strongly recommends that the Spanish authorities review the way in which pupils are admitted to public and publicly-funded private schools and take other
necessary measures to ensure an even distribution of Spanish, immigrant and Roma pupils in the various school.Recommendation No. 65 of the Fourth Report on Spain (ECRI).
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Education
External Url http://www.coe.int/t/dghl/monitoring/ecri/country-by-country/spain/ESP-CBC-IV-2011-004-ESP.pdf
See other countriesSee indicator history -
Poorer educational performance by certain groups?
Yes.
Qualitative Info
The European Comission against Racism and Intolerance (ECRI) maintains that the integration of gypsy and inmigrant population is not sufficiently granted by the Spanish Constitutuion. It proves that some private schools but actually partialy funded with public money deny the admission or stabish obstacles to gyspsies or centain inmigrants groups. It also reports that among other things public primary and secondary schools in Spain count with up to 90% of gypsy or inmigrant pupils
Groups affected/interested
- Migrants
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Education
External Url http://www.coe.int/t/dghl/monitoring/ecri/country-by-country/spain/ESP-CBC-IV-2011-004-ESP.pdf
See other countriesSee indicator history -
Problems with educational attainement by certain groups (drop out - fragmentation of educational experience)?
Yes.
School failure (do not complete compulsory education). Spanish 31%. 45% immigrants. Gypsies 80%.
Source: Ministry of Education 2009Qualitative Info
Spain counts with one of the highest figures of school failure in the European Union. Simplifying a lot we could say that the highest percentage of failure is among inmigrants and due to social, economic, cultural and language reasons and due to the educational level of t their country of origin. With respect to gypsies the problem is socio-economic and mainly cultural. In many cases, formal education is not a priority for parents, specially in the case of girls. For them school failure is above 90%. ECRI is concerned about illiteracy among Romany children, which particularly
affects girls (Point No. 67 of Cuarto Informe sobre España ECRI). Around 85% of Romany pupils do not complete compulsory secondary education. This is part of a more general phenomenon of early school drop out which affects around 30% of all pupils. Many are attracted by working opportunities in unskilled sectors.Groups affected/interested
- Migrants
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Education
External Url http://www.coe.int/t/dghl/monitoring/ecri/country-by-country/spain/ESP-CBC-IV-2011-004-ESP.pd
See other countriesSee indicator history -
Are there positive initiatives to improve/support poor educational provision for migrant and minority groups?
Yes.
Qualitative Info
In Spain most of the education competencies have been transfered to the regional governments. it is for this reason that the measures taken to improve the quality of education for the most unfavoured populaiton groups is different from one region to another. Nevertheless, there is a law, the LOE (Organic Law for Education) on wich all regional educational policies must be based. This law considers a series of measures of attention to diversity such as (among many others) integration clases for foreign students who may have a lack of knowledge; coexistence plans in schools; suplementary classes for students who do not progress at a normal pace. THe same schools develop different types of initiatives of the same kind depending on their necessities. The Ministry of Education has agreed on 126 measures against early school leaving, in cooperation with the regional governments.
Groups affected/interested
- Ethnic minorities
Key socio-economic / Institutional Areas
- Education
External Url http://www.madrid.org/dat_capital/loe/pdf/loe_boe.pdf
See other countriesSee indicator history -
Victimisation in schools (bullying/harassment/racist violence) ?
No data.
Qualitative Info
This is not a big problem in Spain. However, it can be said that in the last five years more cases have been reported than during the previous five years. It is certain that there are bullying and harassment cases at school. Racist violence is not at all perceived as one of the main problems of the educational system. Some relation may exist in the case of gangs of young people (mainly Latin) and the schools. However, this bands usually act outside the schools even if their memers are students in them.
Groups affected/interested
- Migrants
- Ethnic minorities
Key socio-economic / Institutional Areas
- Education
-
Provision of option to learn mother language other than the majority's
Depends of language.
Qualitative Info
In Spain English is a compulsory subject such as the language of the region if it has one. Usually, in secondary school there is an optional subjects of Frechc Language and occasionaly of German. In some school they offer classes of languages such as arab, Bengali, Berber or Urdu, but these are very few and they are usually concentrated in Catalonia. Appart from compulsory education, there are Language Schools in all important cities. These are public and dependent of the regional government. They cost between 60€ and 70€ per year. They have a quite wide offer which includes nearly 30 languages in total, eventhough it is hard to find a school that offers more than 5 or 6 different languages. There is a grat demand for these schools and there is a long waiting list to get into them. There are also private schools that offer a great variety of languages. For inmigrants with a minority mother tongue the offer is practically inexistent and it could be only learned through private teaching.
Groups affected/interested
- Migrants
- Majority
Key socio-economic / Institutional Areas
- Education
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Evidence of modifying school curricula and teaching materials can be modified to reflect the diversity of the school population
Yes.
Qualitative Info
The Education Law allows the school and teachers to apply thses measures depending on the idiosyncrasy of the students.
Groups affected/interested
- Migrants
- Roma & Travelers
- Ethnic minorities
- Majority
Key socio-economic / Institutional Areas
- Education
External Url http://www.boe.es/boe/dias/2006/05/04/pdfs/A17158-17207.pdf
See other countriesSee indicator history -
Are there in schools good practices/positive initiatives and intercultural coexistence plans designed to solve problems of discrimination racism or xenophobia?
Yes.
Education Organic Law
Plan for the Development of the Roma communityQualitative Info
The Law of Education encourages to have a Coexistence Plan in each school and it is compulsory in most of the publicly funded ones. This Plan with the help of the School Council, the students, parents, the townhall, the teachers and the administration tries to solve among other problems in the school those due to discrimination, racism and xenophoby. There is also a Plan for the Development of the Gypsy Comunity
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
- Majority
Key socio-economic / Institutional Areas
- Education
External Url http://www.msc.es/politicaSocial/inclusionSocial/docs/planDefinitivoAccion.pdf.
See other countriesSee indicator history -
Is the teacher regular curricula/training dealing with specific reference to immigrants or ethnic minorities and respect/promotion of diversity?
Yes.
Qualitative Info
There is a Human Rights training program for teachers encouraged by the Ministry of Education. This plan includes, among many other aspects, creating awareness in subjects such as anti- Semitism or social or racial exclusion, tolerance, solidarity and respect to others.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Education
External Url http://www.coe.int/t/dghl/monitoring/ecri/country-by-country/spain/ESP-CBC-IV-2011-004-ESP.pdf
See other countriesSee indicator history
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Practical obstacles and evidence of problems and differential enrollment rates for certain minorities?
-
Health And Social Protection
Death rate of foreigners in Spain is slightly lower to the percentage they represent. This is explained due to the fact that they are usually working age population with low mirtality rates. Also these people return to their countries when they age or have spent many years in Spain, for this reason, in many cases they already have the Spanish nationalyty so they are taken into acount as Spanish citizens.
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Is there evidence of increased morbidity rates for minority and migrant groups?
No.
Qualitative Info
The death rate of foreigners in Spain is slightly lower to the percentage they represent. This is explained due to the fact that they are usually working age population with low mirtality rates. Also these people return to their countries when they age or have spent many years in Spain, for this reason, in many cases they already have the Spanish nationalyty so they are taken into acount as Spanish citizens.There is another type of inmigration which is that of communitary residents of medium-high class who come to live in Spain after their retirement (specially in the coast of Levante and Andalusia).
It is among this group that we can find the highest foreign mortality rate. 27,2% for Great Britain and 16% for Germany.Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
Key socio-economic / Institutional Areas
- Health and social protection
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Specific health issues such as diseases specific to particular groups
Yes.
Qualitative Info
Foreigners can arrice in Spain with ilnesses from their origin country. The Ministry of Health warns about an increase in infectious ilnesses such as HIV, the ilness of Chagas, tuberculosis or malaria. The carriers are inmigrants, tourists or Spanish citizens who come back from thir holidays in tropical countries.
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Health and social protection
External Url http://www.msc.es/profesionales/saludPublica/prevPromocion/promocion/migracion/migracion.htm
See other countriesSee indicator history -
Differential access to social protection system and benefits - Do some or more categories of migrants minorities or stateless/non-citizens face limitations and restrictions?
Yes.
Irregular immigrants only have access to maternity services, emergency and medical services to minors.
The governments of some Spanish regions have refused to enforce the new law which came into force in September 2012.Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Linguistic minorities
- Majority
- Asylum seekers
- Lesbian, Gay, Bisexual and Transgender
- Persons with disability
Key socio-economic / Institutional Areas
- Health and social protection
External Url http://www.boe.es/boe/dias/2012/08/04/pdfs/BOE-A-2012-10477.pdf
See other countriesSee indicator history -
Do migrants have a higher risk of poverty than the rest of the population?
Yes.
Qualitative Info
http://(http://ec.europa.eu/social/BlobServlet?docId=6722&langId=en)
http://ec.europa.eu/social/BlobServlet?docId=6722&langId=en)
http://epp.eurostat.ec.europa.eu/cache/ITY_OFFPUB/KS-RA-11-009/EN/KS-RA-11-009-EN.PDF
Groups affected/interested
- Migrants
-
Are there policies and/or good practices accomodating culture/ traditions' respect in health care
No data.
Qualitative Info
As most of the heath competencies are in the hands of regional governments, it is hard to verify measurements and good practices in this point. There are no relevant policies in this sense at a natinal level.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Health and social protection
-
Is there evidence of increased morbidity rates for minority and migrant groups?
-
Political & Civic Participation
Foreigners are not entitled to vote or to stand as candidates in national elections.
Only entitled to vote in regional and municipal elections EU citizens and the following countries (having resided legally in Spain for at least 5 years except the Norwegians to which requires 3 years) Norway, Ecuador, New Zealand, Colombia, Chile, Peru, Paraguay, Iceland, Bolivia and Cape Verde.
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Migrants' political rights - right to vote to national/local elections
No at national level.
Yes at regional and municipal level.
Qualitative Info
Only entitled to vote in regional and municipal elections EU citizens and the following countries (having resided legally in Spain for at least 5 years except the Norwegians to which requires 3 years) Norway, Ecuador, New Zealand, Colombia, Chile, Peru, Paraguay, Iceland, Bolivia and Cape Verde.
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Political participation
External Url http://noticias.juridicas.com/base_datos/Admin/lo5-1985.html
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Outreach - encourage participation - Practical obstacles or problems for migrants in exercising their right to vote
Noat local level.
Yes at national and regional level.
Qualitative Info
Only entitled to vote in regional and municipal elections EU citizens and the following countries (having resided legally in Spain for at least 5 years except the Norwegians to which requires 3 years) Norway, Ecuador, New Zealand, Colombia, Chile, Peru, Paraguay, Iceland, Bolivia and Cape Verde.
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Political participation
External Url http://noticias.juridicas.com/base_datos/Admin/lo5-1985.html
See other countriesSee indicator history -
Migrants have the right to stand for elections at local/national level?
No at national level.
Some people at regional and local level.
Qualitative Info
Solo ciudadanos de la U.E. y los siguientes paises (habiendo residido de forma legal en España al menos 5 años excepto los Noruegos a los cuales se exige 3 años) Noruega, Ecuador, Nueva Zelanda, Colombia, Chile, Perú, Paraguay, Islandia, Bolivia y Cabo Verde.
More than 1000 candidates stood for general,regional and local elections only among the two biggest political parties in Spain (May 2011). In 2010 Spain had had two mayor, 85 foreign town councillors, the mayority of those were British and German.
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Political participation
External Url http://noticias.juridicas.com/base_datos/Admin/lo5-1985.html
See other countriesSee indicator history - Minority members have certain rights to self-government?
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Are migrants' representatives engaged in any formal consultation with public authorities?
Yes national.
Yes local.
Qualitative Info
In this sense we must point out the existence of many organs such as the Forum for the Social Integrationof Inmigrants as a consultation, information, and counseling organ in terms of the integration of inmigrants. It is subscribed to the Ministry of Work and Inmigration, the the State Gypsy Counsil, in this moment subscribed to the Ministry of Health and Social Policy, the Institute of Gypsy CUlture. The latter is subscribed to the Ministry of Culture and the Counsil for the Promotion of Equality of Treatment and no Discrimination of People for their Racial or Ethnic Origin. This one is subscribed to the Ministry of Health, Social Policy and Equality. In the local environment many towns have consultative organs that count with the representation of asociations of inmigrants and other minorities.
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Political participation
-
Are there migrants' consultative/advisory/representative bodies established by law?
No data.
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Political participation
-
Public administration (including judiciary and executive) reflects the ethnic diversity of society?
No.
Qualitative Info
In Spain, in most of the cases, order to become a civil servant it is necessary to be Spanish or from a country memeber of the E.U., married or son of a Spainish citizen or from a country with which Spain has an international agreement that allows it. For some basic positions it is only necessary to have a residence permit. Very few gypsies apply for a civil servant job. 5,52% os Spanish population are civil servants.
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Political participation
-
Is there automatic citizenship acquisition by birth for migrant children born in the country?
No.
Qualitative Info
Just for have been born in Spain, if the parents are legal residents they can ask one year after of bein born, for the Spanish nationality of the child. In the rest of the cases (the inmigration law considers many different situations), between 1 and 10 years of residence in Spain.
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Political participation
External Url http://noticias.juridicas.com/base_datos/Admin/lo4-2000.html
See other countriesSee indicator history -
What is the general law provision for naturalisation?
Civil Code.
Qualitative Info
The general term of residence is 10 years.
Five years be enough for those who have obtained refugee status and two years in the case of nationals of Latin American countries, Andorra, Philippines, Equatorial Guinea, Portugal or Sephardim.
Sufficient residence time in a year:
Who was born in Spanish territory.
Who has not timely exercised the right to choose.
The law which has been subject to guardianship, foster care or a Spanish citizen or institution for two consecutive years, even if he/she continue in this situation at the time of application.
Which at the time of application beareth one years married to Spanish or Spanish and is not in fact or legally separated.
The widow or widower of Spanish or Spanish, if the spouse's death there was no legal or de facto separation.
Born outside Spain The father or mother, grandfather or grandmother, who were originally Spanish.In all cases, the residence must be lawful, continuous and immediately prior to the request.
Source: Civil Code: http://www.ucm.es/info/civil/jgstorch/leyes/ccivil.htm
Groups affected/interested
- Migrants
- Refugees
Key socio-economic / Institutional Areas
- Policing - law enforcement
External Url http://www.boe.es/aeboe/consultas/bases_datos/act.php?id=BOE-A-2000-544
See other countriesSee indicator history
-
Migrants' political rights - right to vote to national/local elections
-
Policies On Integration - Cohesion
There are two plans for integration and cohesion.
Strategic Plan citizenship and integration 2011/2014.
Action Plan for the development of Roma 2010/2012.
By the Government's point of view they are being very positive. Other social agents such as the NGOs insist that these plans are noth enough.
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Is there a formal national strategy on the integration of migrants/minorities?
Yes.
Qualitative Info
The Second Strategic Plan od Citizenship ans Integration 2011.2014 gathers all the measures directed to the integration of inmigrants and minorities. http://extranjeros.mtin.es/es/IntegracionRetorno/Plan_estrategico2011/Peci_2011-2014.pdf Plan de Acción para el desarrollo de la población gitana 2010/2012.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Integration - social cohesion
External Url http://www.msps.es/politicaSocial/inclusionSocial/docs/planDefinitivoAccion.pdf
See other countriesSee indicator history -
Is there a formal definition of integration
No.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Integration - social cohesion
-
To which groups does the integration strategy apply?
Yes.
Qualitative Info
The PECI is basically directed to inmigrants but it can also group other minorities, specially the ghpsy group as it is the other big minosity in Spain. The Plan of Acction for the development of the gypsy population is only directed to the Romany population.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Integration - social cohesion
External Url http://extranjeros.mtin.es/es/IntegracionRetorno/Plan_estrategico2011/pdf/PECI-2011-2014.pdf
See other countriesSee indicator history -
Are there formal policies and practises associated with this integration strategy?
Yes.
Strategic Plan for Citizenship and Integration (PECI) 2011/2014.
Action Plan for the development of Roma 2010/2012.
Qualitative Info
The main objectives of the Action Plan for the Development of the Gypsy Population are: going deepens and progresses in the design of concreet strategies and actions directedto improve the image of teh Gypsy population, eliminate any way of discrimination and promote equality of treatment and their effective participation in society; to direct specific actions in thoses areas that are considered a priority in order to achieve the essential objective of providing the Gypsy community with their fundamental rights and the access to goods and services. Thes Plan counts with the participation and colaboration of the isually implied actors on each area.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Integration - social cohesion
External Url http://extranjeros.mtin.es/es/IntegracionRetorno/Plan_estrategico2011/pdf/PECI-2011-2014.pdf
See other countriesSee indicator history -
Is the integration strategy effective and, if so, what are the tangible results at a local, regional and national level?
Yes.
Qualitative Info
The previous Plan (PECI 2007 2010) shows says the goverment obviously positive results as it can be deducted from the evaluation of it and that can be consulted in http://extranjeros.mtin.es/es/IntegracionRetorno/Plan_estrategico2011/Peci_2011-2014.pdf
With respect to the Action Plan for the Gypsy Population, the Fourth Report of the ECRI, in its point number 123 points out that "Spain has addressed the social
exclusion of its Roma population in a largely successful manner. Roma organisations have reported to ECRI that the situation of the Roma is infinitely better than it was even ten years ago. There is a general recognition among the Roma that they are a protected group. They are aware that the authorities have made important efforts to take their needs into account and invested significant
sums in various forms of assistance".Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Integration - social cohesion
External Url http://extranjeros.mtin.es/es/IntegracionRetorno/Plan_estrategico2011/pdf/PECI-2011-2014.pdf
See other countriesSee indicator history -
Is there a formal national strategy on social and/or community cohesion?
Yes.
Qualitative Info
Plan Estrategico de Ciudadania e Integracion (PECI) 2011/2014.
Plan de Acción para el desarrollo de la población gitana 2010/2012.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Integration - social cohesion
External Url http://extranjeros.mtin.es/es/IntegracionRetorno/Plan_estrategico2011/pdf/PECI-2011-2014.pdf
See other countriesSee indicator history - Is there a clear definition of social/community cohesion?
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Does the social cohesion strategy apply to all migrant/minority groups?
Yes.
Qualitative Info
The government in its own evaluation of the PECI (Strategic Plan for Citizenship and Integration 2007 - 2010) reports that this strategy was applied to immigrants and Roma.
Groups affected/interested
- Migrants
- Roma & Travelers
Key socio-economic / Institutional Areas
- Integration - social cohesion
External Url http://extranjeros.mtin.es/es/IntegracionRetorno/Plan_estrategico2011/Peci_2011-2014.pdf
See other countriesSee indicator history -
Is/are social/community cohesion strategies effective and producing results?
Strategic Plan citizenship and integration 2011/2014.
Action Plan for the development of Roma 2010/2012.Qualitative Info
From the Government's point of view they are being very positive. Other social agents such as the NGOs insist that these plans are noth enough.
The previous Plan (PECI 2007 2010) shows says the goverment obviously positive results as it can be deducted from the evaluation of it and that can be consulted in http://extranjeros.mtin.es/es/IntegracionRetorno/Plan_estrategico2011/Peci_2011-2014.pdf
With respect to the Action Plan for the Gypsy Population, the Fourth Report of the ECRI, in its point number 123 points out that "Spain has addressed the social
exclusion of its Roma population in a largely successful manner. Roma
organisations have reported to ECRI that the situation of the Roma is infinitely
better than it was even ten years ago. There is a general recognition among the
Roma that they are a protected group. They are aware that the authorities have
made important efforts to take their needs into account and invested significant
sums in various forms of assistance".Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
- Religious minorities
- Asylum seekers
- Lesbian, Gay, Bisexual and Transgender
- Persons with disability
Key socio-economic / Institutional Areas
- Policing - law enforcement
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If there is a national strategy covering both integration and cohesion? Are the two key elements of the strategy joined up formally?
Yes.
Qualitative Info
-Strategic Plan for Citizenship and Integration (PECI) 2011/2014.
-Action Plan for the development of Roma 2010/2012.http://www.msc.es/politicaSocial/inclusionSocial/docs/planDefinitivoAccion.pdf.
http://http://extranjeros.mtin.es/es/IntegracionRetorno/Plan_estrategico2011/Peci_2011-2014.pdf
Groups affected/interested
- Migrants
- Roma & Travelers
Key socio-economic / Institutional Areas
- Integration - social cohesion
-
Is there a formal national strategy on the integration of migrants/minorities?
-
Public Life, Culture, Sport & Media
In Spain different laws guaranteeing the rights of association, religious freedom and use of foreign languages, although there are constant complaints about the problems especially when it comes to exercise religious freedom.
There is a good integration of minorities in sports and there are no data about their degree of presence in the media.-
Is self-identification of individuals/groups a criterion for recognition and respect of minority or ethnic cultural linguistic religious groups' rights by the state/government?
No data.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Culture
- Religion
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Association: are there restrictions of the freedom of peaceful assembly, and freedom of association for migrants
No.
Qualitative Info
Number of national wide migrant associations are 488 according to the National Register of associations 2008.
But we know that there are many more immigrants associations are registered in the records of regional and even local, but there is no report that accounts for all Spain.Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Integration - social cohesion
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Association: are there restrictions of the of the freedom of peaceful assembly, and freedom of association for minorities
No.
Qualitative Info
Number of national wide migrant associations are 488 according to the National Register of associations 2008.
But we know that there are many more immigrants associations are registered in the records of regional and even local, but there is no report that accounts for all Spain.Groups affected/interested
- Ethnic minorities
Key socio-economic / Institutional Areas
- Integration - social cohesion
-
Religion: Persons belonging to minorities face legal and practical obstacles in exercising or manifesting their religion or belief?
No legal obstacles. Some cases of practical obstacles
Qualitative Info
In legal terms the Spanish Constitution grants the freedom of religious practice but, however, in some cities it has been forbidden to use the burka in public places. In other cities the muslim community has being socially rejected and even in some townhalls when they tried to build a mosque.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Religion
External Url http://www.tt.mtin.es/periodico/LEY_EXTRANJERiA%28BOE12-12-2009%29.pdf
See other countriesSee indicator history - Media: Are there positive measures for promoting or restrictions for Migrant and minority media?
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Media: Are there positive measures for promoting or restrictions for minority and lesser used language in the media?
Yes.
There are no exact estimates but between press, radio and television they are over 100. There are no mediatic groups in that broadcast in other languages except for a few in English.
Qualitative Info
Spain has an oficial language that gathers together all the Spanish citizens and three co-oficial languages wich correspond to three well diferenciated regions in Spain. These languages are Galician, Catalan and Basque. Spain also has different regional dialects.
Groups affected/interested
- Migrants
- Ethnic minorities
Key socio-economic / Institutional Areas
- Media
External Url http://www.osce.org/hcnm/32310
See other countriesSee indicator history -
Media: Is there a visible presence (or absence) of members of target groups as media professionals?
Yes.
Qualitative Info
Thousands of professionals of communication are native from the regions with autochthonous language or dialect. some of them are foreign, usually Latin American people.
Groups affected/interested
- Migrants
- Ethnic minorities
Key socio-economic / Institutional Areas
- Media
- Internet
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Sport: Effective participation of migrants in sport
Yes.yesYes.
Law 19/2007 states in Article 16, which is devoted to measures to promote integration through sport, that measures will be taken “for obstacles and barriers hampering equality of treatment and the participation without any discrimination of migrants involved in non-professional sport activities to be removed
Qualitative Info
The Football and Athletics Federations restrict the access of both amateur and professional foreign players, whilst the Basketball Federation only restricts professional players. As the President of the Spanish Football Federation stated before the Special Commission to study the eradication of racism and xenophobia from the Spanish sport, “the Royal Federation is not contrary to migration and its statutes and regulations must be adapted to this position, but the existing restrictions in place are aimed to protect players who may be selected to play with the Spanish team”
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Sport
External Url http://www.csd.gob.es/csd/sociedad/5ViolDep/leycontraviolencia/
See other countriesSee indicator history - Sport: Effective participation of minorities in sport
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Is self-identification of individuals/groups a criterion for recognition and respect of minority or ethnic cultural linguistic religious groups' rights by the state/government?